ZONING BY-LAWS TOWN OF MATTAPOISETT - March 2021
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ZONING BY-LAWS
TOWN OF MATTAPOISETT
March 2021ZONING BY-LAWS
TABLE OF CONTENTS
Article 1 Purpose …………………………………………………………. 1
Article 2 Definitions ……………………………………………………….. 2
Article 3 General Regulations ………………………………………………..4
3.1 Non-Conforming Uses ……………………………………. 4
3.2 Accessory Uses …………………………………………… 4
3.2.3 Common Driveways ……………………………………… 5
3.3 Parking …………………………………………………… 5
3.4 Screening …………………………………………………. .7
3.5 Signs ……………………………………………………… 7
3.6 Trailers …………………………………………………… 8
3.7 Windpower Generator Systems ………………………….. 8
3.8 Cluster Subdivision ………………………………………. 9
3.9 Site Plan Approval ……………………………………….. .14
3.10 Bed and Breakfast Establishments ………………………. . 18
3.11 Special Residential Development ………………………….19
3.12 Special Dwelling Conversions. . . . . . . . . . . . . . . . . . . . . . .26
3.13 Village Business Development . . . . . . . . . . . . . . . . . . . …. .27
Article 4 Establishment of Districts ………………………………………….30
4.1 Types ……………………………………………………… 30
4.2 Location …………………………………………………… 31
Article 5 Use Regulations …………………………………………………... 31
5.1 Residence 40 (R40) Permitted Uses………………………. 31
5.1.5.4 Family Related Apartments ………………………………. 32
5.2 Residence 30 (R30) Permitted Uses ……………………… 34
5.3 Residence 20 (R20) Permitted Uses ……………………… 34
5.4 Waterfront 30 (W30) Permitted Uses …………………….. 34
5.5 Village Residence (VR10) Permitted Uses ………………. 35
5.6 Marine Residence (MR) Permitted Uses …………………. 35
5.7 Rural Residence 30, 40, 45 and 80 (RR 30, 40, 45 & 80)
Permitted Uses ……………………………………………. 35
5.8 General Business (GB) Permitted Uses ……………………36
5.9 Limited Industry (LI) Permitted Uses …………………….. 37
5.9.3 Adult Live Entertainment Establishment …………………. 37
5.10 Village Business District Permitted Uses…………………...39
5.11 Medical Marijuana Treatment Centers………………………40Article 6 Density Regulations ……………………………………………… 44
6.1 Business/Limited Industry Multiple Units ………………. 44
6.2 Residential Districts ……………………………………… 44
6.3 In All Districts ……………………………………………. 45
6.4 Frontage Measuring ………………………………………..45
6.5 Area, Frontage Set-Back Requirements ………………….. 45
Article 7 Administration …………………………………………………… 46
7.1 Enforcement ……………………………………………… 46
7.2 Board of Appeals ………………………………………… 46
7.3 Amendment ………………………………………………. 47
7.4 Validity …………………………………………………… 48
Article 8 Regulation of Flood Hazard Areas ……………………………….. 48
8.1 Statement of Purpose ……………………………………… 48
8.2 Land Application & Elevation …………………………….. 48
8.3 Establishment of Zoning District ………………………….. 50
8.4 Permitted Uses …………………………………………….. 50
Article 9 Mattapoisett River Aquifer Protection District ……………………. 51
9.1 Establishment of Overlay District …………………………. 51
9.2 Permitted Uses …………………………………………….. 51
9.3 Prohibited Uses ……………………………………………. 52
9.4 Uses by Special Permit ……………………………………. 53
Article 10 Telecommunications Facilities Overlay District …………………… 54
10.1 Establishment of Overlay District …………………………. 54
10.2 Purpose …………………………………………………….. 54
10.3 Definitions …………………………………………………. 54
10.4 General Requirement ………………………………………. 55
10.5 Standard for Towers ……………………………………….. 56
10.6 Standards for Roof-Mounted, Side-Mounted Structure
Mounted Facilities ………………………………………….. 57
10.7 Requirement Findings ……………………………………… .57
10.8 Modification of Approved Facility ………………………… 57
10.9 Abandonment or Discontinuation of Use ………………….. 57
Article 11 Temporary Moratorium on Recreational Marijuana Establishments…58
11.1 Purpose………………………………………………………..58
11.2 Definition……………………………………………………...58
11.3 Temporary Moratorium……………………………………….59Article 12 Temporary Moratorium on Medical Marijuana Treatment Centers……59
12.1 Purpose…………………………………………………………59
12.2 Definition……………………………………………………….60
12.3 Temporary Moratorium………………………………………… 60
Article 13 Recreational Marijuana Establishments…………………………………60ZONING BY-LAWS
OF THE
TOWN OF MATTAPOISETT
MASSACHUSETTS
Article 1 -- Purpose
To:
1.1 Lessen congestion in the streets
1.2 Conserve health.
1.3 Secure safety from fire, flood, panic and other dangers.
1.4 Provide adequate light and air.
1.5 Prevent overcrowding of land.
1.6 Avoid undue concentration of population.
1.7 Encourage housing for persons of all income levels.
1.8 Facilitate the adequate provision of transportation, water, water supply, drainage, sewerage,
schools, parks, open space and other public requirements.
1.9 Conserve the value of land and buildings, including the conservation of natural resources and
the
prevention of blight and pollution of the environment.
1.10 Encourage the most appropriate use of land.
1.11 Preserve and increase amenities.
This By-Law is adopted pursuant to Chapter 40A as amended and Article 89 of the Amendments to
the Constitution of the Commonwealth of Massachusetts.
1Article 2 – Definitions
In this By-Law, the following terms, unless a contrary meaning is required by the context or is specifically
prescribed, shall have the following meanings:
2.1 Accessory Structure. A detached subordinate structure located on the same lot with the main
building the use of which is customarily incidental to that of the main building or the use of the
land.
2.2 Accessory Use. A use customarily incidental to that of the main building or to the primary use
of the land.
2.3 Dwelling Unit. A single unit providing complete, independent living facilities for one (1) or more
persons including permanent provisions for living, sleeping, eating, cooking, and sanitation.
2.4 Guest House. Any accessory building including a garage, smaller than the principal dwelling,
having not more than three (3) rooms, plus bath and kitchenette.
2.5 Lot. A single parcel of land, including swamp or water, having one owner or beneficial owner,
or a group of owners or beneficial owners holding said parcel jointly or in common, defined by
boundary lines on a legally recorded plan, deed or will and any contiguous such parcels of land
having one owner, or a group of owners, holding said parcel jointly or in common or being
beneficial owner or owners thereof, unless said contiguous parcels are required or permitted to
be treated as separate parcels by any applicable provision of the General Laws.
2.6 Marina. The use of the harbor or adjoining waters for a small craft complex which may include
some or all of the support and ancillary facilities needed or desired by boatmen, such as
launching equipment, launch service, repair facility, a fueling station, restrooms, marine
hardware supply, restaurants or parking facilities.
2.7 Multi-family Dwelling. Building or portion thereof containing two (2) or more dwelling units.
2.8 Obnoxious. The term obnoxious is the use of land or a structure so as to result in a nuisance
or to be harmful to the inhabitants of the Town, injurious to their estate, dangerous to the public
health, or attended by noisome and/or injurious odors. Injurious noise or odors would be of
such a magnitude as to constitute an annoyance to a person of ordinary sensibilities to sound
and smell, so as to materially interfere with the ordinary comfort of life, and impair the reasonable
enjoyment of their habitation.
2.9 Permit Granting Authority. Permit Granting Authority shall mean the Board of Appeals.
2.10 Screening. Trees, shrubs, natural woods growth, Walpole type fence or its equivalent, at least
six (6) feet high, so placed as not to constitute a traffic hazard.
2.11 Special Permit Granting Authority. Special Permit Granting Authority shall be the Board of
Appeals except where this By-Law especially authorized the Board of Selectmen or the Planning
Board to grant a special permit.
2.12 Street. Street means (a) a public way or a way which the town clerk certifies is maintained
and used as a public way, or (b) a way shown on a plan theretofore approved and endorsed in
accordance with the subdivision control law (G.L. c. 4l, s. 81K-81GG), or (c) a way in existence
when the subdivision control law became effective in the town, having, in the opinion of the
planning board, sufficient width, suitable grades and adequate construction to provide for the
needs of vehicular traffic in relation to the proposed use of the land abutting thereon or served
thereby, and for the installation of municipal services to serve such land and the buildings
erected or to be erected thereon; except that Interstate Route 195, a public way of limited
access, shall not be considered a street.
22.13(a)* Trailer or Mobile Home. Any vehicle basically designed for human habitation for occasional
or frequent mobile use, whether resting on wheels or on a rigid foundation.
2.13 Adult Live Entertainment Establishment. A business in business premises which as a form
of entertainment to customers allows a person or persons to perform in a state of nudity as
defined in G. L. chapter 272, § 31 as amended, or allows a person or persons to work in a state
of nudity as so defined.
2.14 Adult Theater. A business in business premises which presents to customers live or filmed
performances distinguished by an emphasis on matter depicting, describing, or relating to
sexual conduct or sexual excitement as defined in G.L. chapter 272, § 31 as amended.
2.15 Sexually Oriented Business. A business in business premises having as a substantial or
significant portion of its stock in trade any of the following:
2.15.1 Books, magazines, newspapers, or other written material which are distinguished or
characterized by depicting or describing sexual conduct or sexual excitement as defined in G.L.
chapter 272, § 31 as amended;
2.15.2 Videos, movies, photographs or other filmed material which are distinguished or characterized
by depicting sexual conduct or sexual excitement as defined in G.L. chapter 272, § 31 as
amended;
2.15.3 Toys and novelty items which are distinguished or characterized by depicting sexual conduct or
sexual excitement as defined in G.L. chapter 272, § 31 as amended; and
2.15.4 Sexual paraphernalia consisting of devices, objects, tools or toys which are distinguished or
characterized by the purpose of stimulating sexual conduct or sexual excitement as defined in
G.L. chapter 272, § 31 as amended, and which are without medical utility;
2.15.5 As used in this definition a “substantial or significant portion of stock in trade” shall be deemed
to exist under any of the following circumstances:
2.15.5.1 When the cost of such a portion of the stock in trade on hand exceeds more than ten percent
(10%) of the cost of all stock in trade on hand;
2.15.5.2 When monthly sales, including rentals, from such a portion of the stock in trade exceed more
than ten percent (10%) of the monthly sales of all stock in trade;
2.15.5.3 When an area of more than ten percent (10%) of the floor area open to or observable by
customers is wholly or partially used for the display or storage of such portion of the stock in
trade; or
2.15.5.4 In the event a business with any stock in trade listed in 2.15.1 through 2.15.4. fails upon request
of the Inspector of Buildings to produce accurate figures establishing costs for determining
2.15.5.1. and sales for determining 2.15.5.2.
2.15.6 As used in this and the two (2) preceding definitions “business premises” are a building or
buildings or part of a building or buildings occupied by a business in the Limited Industry (LI)
District.
*Note: To be corrected at town meeting
3Article 3 -- General Regulations
3.1 Pre-Existing Nonconforming Structures, Lots and Uses.
3.1.1 Any lawful structure or lot, or any lawful use of a structure or lot, or part thereof, existing at the
time of adoption of this Zoning By-Law, or any amendment thereof, may be continued although
such structure, lot or use does not conform to the provisions of this Zoning By-Law, or any
amendment thereof.
3.1.2 A special permit from the Board of Appeals under this subsection 3.1 is required for:
3.1.2.1 any change of a nonconforming use or substantial extension of a nonconforming use;
3.1.2.2 any alteration of a nonconforming structure amounting to a reconstruction, extension or
structural change, except when the alteration (1) does not increase the footprint, the total interior
floor area or the height of the structure, or (2) is of a single or two-family residential structure
that does not change the residential use of the structure and does not increase the
nonconforming nature of it; and
3.1.2.3. any alteration of a nonconforming structure to provide for its use for a substantially different
purpose or for the same purpose in a substantially different manner or to a substantially greater
extent.
3.1.3 No special permit may be granted by the Board of Appeals for any of the foregoing acts unless
the Board finds that any such change of use, extension of use or alteration of a nonconforming
structure shall not be substantially more detrimental than the existing nonconforming use or
structure to the neighborhood.
In determining whether any such change, extension or alteration is substantially more
detrimental to the neighborhood, the Board of appeals shall consider the adequacy of the
existing or proposed system for disposal of sewage on the premises. Where subsurface
disposal of sewage on the site exists or is proposed, the owner shall submit to the Board of
Appeals with his application for a special permit under this section a report of a registered
professional engineer as to the adequacy of such existing or proposed system.
3.1.4 This subsection 3.1 shall not apply to billboards, signs and other advertising devices subject to
the provisions of G.L. c. 93, s. 29 through 33, inclusive and G.L. c. 93D.
3.1.5 Any nonconforming use that is discontinued at least three (3) years, or in the case of an
agricultural, horticultural or floricultural use, for at least five (5) years, may not be reestablished;
and any future use shall be governed by the then applicable provisions of the Zoning By-Law.
3.1.6 Any nonconforming structure that is damaged or destroyed may be rebuilt within three (3) years
thereafter without a special permit from the Board of Appeals under paragraph 2 above provided
that the footprint, the total interior floor area and the height of the structure are no greater than
they were prior to such damage or destruction.
3.2 Accessory Uses in Residential Districts.
3.2.1 An accessory professional, trade or home occupation use permitted as of right or by a Special
Permit (see sections 5.1.4.1 and 5.4.3.1 and 5.4.3.2) shall not occupy more than 25% of the
total floor area of all structures on the lot, or 480 square feet, whichever is less. In connection
with any such use, not more than two (2) persons, not members of the household, shall be
employed on the premises; there shall be no exterior display or storage of goods for sale or
other materials and no other variation from the residential character of the neighborhood; no
obnoxious noise, vibration, dust, odors, heat or glare shall be produced; and parking generated
by the use shall be accommodated off-street.
43.2.2 An accessory use for a garage or garages for storage of motor vehicles, boats, related
equipment and household equipment shall not occupy more than 864 square feet of the lot area;
provided, however, that exceptions may be authorized by a Special Permit granted by the Board
of Appeals pursuant to section 7.2.2. of the Zoning By-Law."
3.2.3 Common Driveways
3.2.3.1 Common Driveway Defined
A drive or road which does not meet the definition of a “street” under this By-Law but serves as
a common vehicular access to more than one (1) but not more than five (5) residential lots is
hereinafter referred to as a “CD” for the purposes of this By-Law. All CD’s serve only as access
to the building site and cannot be considered as streets for legal frontage as required under
these Zoning By-Laws and this access does not need to originate from the street where the
legal lot frontage is provided.
3.2.3.2 Prohibition
A CD which would serve more than five (5) residential lots is prohibited.
3.2.3.3 Existing Common Driveways
A CD which is in existence and use at the time of adoption of the By-Law will be allowed to
continue; however, if it is expanded, extended, or otherwise substantially changed, it shall be
subject to this By-Law.
3.2.3.4 Design and Construction Standards
A CD shall be at least sixteen (16) feet wide and be located in a driveway easement at least
twenty (20) feet wide. The sixteen (16) foot wide CD shall be surfaced with a stable material;
such as, but not limited to asphalt, reprocessed asphalt, concrete, brick, cobblestone, or
compacted gravel at least twelve (12) inches thick. All CD’s shall not have a paved or improved
surface wider than twenty (20) feet within twenty (20) feet of a street line. If a CD is used for
access these standards shall apply, even if the lots served could gain access separately. Turn
around will be required at the end of the common driveway sufficient for maneuvering
emergency vehicles as determined by the zoning enforcement office.
All CD’s shall have appropriate signage at the intersection of the public or private way and
elsewhere along the CD as needed to adequately identify the location of the properties served
by the CD.
3.2.3.5 Limitations
Common driveways cannot serve six (6) or more single family houses except where they are
approved as part of the Special Permit for a cluster development. As part of the Special Permit
for a cluster, these common driveway standards can be modified as deemed appropriate by
the Special Permit Granting Authority. A CD shall not become a public way and the Town of
Mattapoisett shall not be required to provide maintenance, snowplowing, school bus pickup or
police patrols along a CD.”
3.3 Parking.
3.3.1 A "parking space" is an open or enclosed space of at least ten (10) feet wide by twenty (20) feet
long, exclusive of drives and maneuvering space, located on the lot it serves and with direct
access either to a street or to a driveway leading to a street.
53.3.2 In all districts where the use is allowed, off-street parking shall be provided as follows:
3.3.2.1 One (1) parking space shall be required for every four (4) persons seated in a place of public
assembly;
3.3.2.2 One (1) space for each housekeeping unit, plus one (1) space for each resident owner and
operator of a motor vehicle;
3.3.2.3 One (1) space for every two (2) persons for whom lodging or regular table board is furnished;
3.3.2.4 One (1) space for each person other than the resident principal employed in a permitted home
occupation or profession;
3.3.2.5 Two (2) additional spaces for every permitted profession or business conducted on the
premises;
3.3.2.6 All hotels and motels shall have one (1) parking space for every two (2) regular employees and
one (1) parking space for each guest room.
3.3.3 In Residential Districts:
3.3.3.1 No lot shall have more than one (1) unregistered car, truck or trailer ungaraged at any time,
unless authorized by a Special Permit granted by the Board of Appeals pursuant to section
7.2.2 of the Zoning By-law, nor shall any unregistered or unsightly car or truck be stored in the
"front-yard."
3.3.3.2 No trailer trucks, or units thereof, construction equipment, buses and no vehicles of more than
one (1) ton capacity shall be parked between the rear line of the principal building on the lot and
the street line, unless completely screened from view; this section shall not apply to boats, boat
trailers, loaded or unloaded; or recreational vehicles.
3.3.4 In Business Districts:
3.3.4.1 Parking facilities off the street right-of-way shall be provided on the same lot as the building for
each use within the district. Off-street parking shall be designed to prevent the necessity of any
vehicle backing into a public way.
3.3.4.2 An open space of at least twenty (20) feet shall be maintained at the sides of structures to allow
access to the rear.
3.3.4.3 There shall be no parking within five (5) feet of the right-of-way line of a street or way from which
an entrance or exit is provided to or from a business property. A curbing or equivalent shall be
installed around said area. There shall be no planting or placing of objects within the above
area which will obstruct the view of vehicles entering or leaving the business property.
3.3.4.4 Each off-street parking space shall be served by a two-way maneuvering lane at least
twenty-eight (28) feet wide, except that if parking stalls are angled at sixty (60) degrees or less,
a one-way maneuvering lane may be used with a minimum width of twenty-two (22)
feet. Driveways serving parking areas shall have a minimum width of fourteen (14) feet per
travel lane. The number of spaces for each use shall be determined by the Inspector of Buildings
based upon the following criteria:
6USE SPACES
Retail Sales Outlet 5.0 for each 1000 feet of gross leaseable floor space area.
Restaurants or Clubs 1 for every 2 seats, or 1 for each 25 square feet of public
floor area, whichever is greater.
Theatres, churches or other places of public assembly 1 for every 4 seats or each 50 square feet of gross floor
area, whichever is greater.
Professional or business office, financial institutions 1 for each 200 square feet of floor area.
Hotels or motels 1 for each sleeping room plus 1 for every 2 employees.
Barber shops and beauty parlors 3 for each operator.
Health spas 1 for each 50 feet of gross floor area.
Bowling Alleys or Tennis Courts 4 for each alley or court.
Funeral Homes 1 for each 100 square feet of gross floor area.
3.3.5 Limited Industry Districts.
3.3.5.1 No parking shall be permitted within thirty-five (35) feet of any street. Parking in front of any
building shall be limited to customers, visitors and/or employees. This Bylaw shall not permit
any shipping, receiving or storage of any materials in front of any buildings.
3.3.5.2 One (1) off-street parking space shall be provided for each two (2) employees and five (5)
additional spaces for each industrial unit.
3.3.5.3 Regulations 3.3.4.1, 3.3.4.2, 3.3.4.3 and 3.3.4.4 above shall be applicable to Limited Industry
Districts.
3.4 Screening.
3.4.1 In all districts all exterior storage of equipment, materials, tools, implements or other substances
and all exterior storage areas, unless located at the rear of the principal building, shall be
screened from view. But, the above provisions shall not prevent the display of goods, where
sales are permitted under this By-Law, at the front or sides of the principal building.
3.5 Signs.
3.5.1 In all districts no exterior, or interior signs with an exterior effect, of the neon, flashing, moving,
portable or mobile type are permitted. This section shall not prohibit signs relating to
construction or improvements to the premises provided said signs are removed immediately
upon completion of the work. All signs shall be erected so as not to be in conflict with the last
sentence of section 3.3.4.3.
3.5.2 In Residential Districts.
3.5.2.1 One (1) sign of not more than three (3) square feet of surface per side pertaining to a permitted
accessory use shall be permitted, provided that if illuminated, the illumination shall be derived
from not more than one (1) 60 watt incandescent bulb or equivalent per side, suitably concealed
by a reflecting shield to direct the illumination primarily on the sign surface.
3.5.2.2 One (1) sign of not more than four (4) square feet of surface per side, pertaining only to lease
or sale of the premises shall be permitted. The same restrictions as to illumination primarily on
the sign surface.
73.5.2.3 One (1) sign for temporary use at the site of real estate development of not more than forty-eight
(48) square feet per side shall be permitted. Such sign shall be removed on completion of the
development.
3.5.3 In all districts the Board of Selectmen may grant a Special Permit for the erection of any off
premises sign for advertising.
3.6 Trailers.
Not more than (1) house trailer may be kept on any parcel of land. No house trailer may be
used as living quarters while so located, except that the owner or occupant of a parcel of land
may permit occupancy of such land by a nonpaying guest, using a trailer or mobile home for
living purposes for a period not exceeding two (2) weeks in any calendar year. A permit for
this purpose must be obtained from the Board of Selectmen or its agent before the land can be
so occupied. Space shall not be leased for trailers. Provided, however, that the foregoing shall
not prohibit the establishment of a trailer camp under the provisions of Chapter 140 of the
General Laws. Further, the Board of Selectmen may issue a permit to occupy a trailer for a
period up to two (2) months in cases of extreme emergency or calamity as determined by said
Board of Selectmen. Said permit may be renewed by the Board of Selectmen for a period not
to exceed a total of eight (8) months in the aggregate.
An owner or occupier of a resident which has been destroyed by fire or other natural holocaust,
may, subject to the State Sanitary Code and any Board of Health Rule, Regulation, or Order,
place a mobile home on the site of such residence and reside in such mobile home for a period
not to exceed twelve (12) months, while the residence is being rebuilt. The rebuilding of said
residence shall commence as soon as possible after said residence is destroyed and shall
proceed in a reasonable manner. The mobile home shall be permanently removed from the
site no later than twelve (12) months after it was first brought on the site, or thirty (30) days
after construction is complete, whichever event first occurs.
3.7 Windpower Generator System.
3.7.1 In all districts, windpower generator systems are permitted if authorized by a Special Permit by
the Board of Appeals pursuant to section 7.2.2 of the Zoning By-Law provided they are not
detrimental, dangerous or obnoxious to neighboring areas and further provided:
3.7.1.1 Said Special Permit shall contain restrictions and/or safeguards with regard to:
3.7.1.1.1 Certification by registered professional engineer as to the safety and structural stability of the
entire windpower generator system.
3.7.1.1.2 Noise control and height.
3.7.1.1.3 Assuring there will be no electrical emissions that will interfere with electrical reception of the
neighboring property.
3.7.1.1.4 Certification by a professional engineer that the structure as erected complies with all
representations submitted to the Board of Appeals.
3.7.1.2 Said Special Permit may contain restrictions and/or safeguards with regard to, but not limited to
the following matters:
3.7.1.2.1 Fencing and liability insurance.
3.7.1.2.2 Exceptions to the setback regulations as stipulated in section 6.5 of the Zoning By-Law.
83.8 Cluster Subdivision (Single Family de-attached)
In order to permit maximum flexibility for developing land for single family housing, and to
encourage the preservation of open space and promote the more efficient use of the land in
harmony with its natural features, tracts of land consisting of eight (8) acres or more in the
following districts R 80, RR 45,R 40, RR 40, R 30, RR 30 and GB shall be made available for
cluster housing subject to the requirements of this Section.
To afford the Town of Mattapoisett ample assurance that such developments will enhance the
amenities of the neighborhoods in which they occur, and the Town as a whole, Cluster
Subdivision may be constructed by filing a cluster subdivision plan under the Subdivision Control
Law, MGL Ch, 41, Sec. 81K – 81GG with the Planning Board as hereinafter defined.
3.8.1 Statement of Purpose
Cluster residential housing shall be designed to achieve the following goals:
3.8.1.1 To encourage the more efficient use of land in harmony with its natural features;
3.8.1.2 To encourage creativity in the design of developments through a carefully controlled process;
3.8.1.3 To encourage a less sprawling form of development, a shorter network of streets and utilities,
more economical development of land with less consumption of open space;
3.8.1.4 To preserve permanently, natural topography and wooded areas within developed areas, and
to preserve usable open space and recreation facilities close to home;
3.8.1.5 To provide an efficient procedure to ensure appropriate high quality design and site planning
to enhance the neighborhoods in which they occur and the Town as a whole;
3.8.1.6 To promote diverse at a variety of costs and in particular housing types that meets the needs
of the Town’s aging population.
3.8.1.7 To support alternative residential development that has a positive impact on the community
and incorporates unique public benefits.
3.8.1.8.1.1 To ensure that alternative residential development is compatible with surrounding land uses
and that the impacts on public services will not exceed conventional residential development.
3.8.2 Filing of Application
Each application for a cluster subdivision shall be filed with the Planning Board in accordance
with the provisions of Chapter III, Section C-1 of the Rules and Regulations of the Planning
Board Governing the Subdivision of Land. The application for a cluster subdivision shall be
accompanied by a preliminary plan showing the dimensions and area of lots as they might be
established under conventional zoning.
A pre-application meeting with the Planning Board prior to formal submission of the application
is recommended.
93.8.3 Uses and Density
3.8.3.1 Uses
The permitted uses in the Cluster Subdivision (de-attached) include single family homes on
separate lots and open space subject to the restrictions of section 3.8.11.
3.8.3.2 Density
The base number of units shall be determined by showing on a preliminary subdivision plan
the total number of lots that could be obtained from the tract by utilizing a conventional
subdivision plan in accordance with the Rules and Regulations of the Planning Board
Governing the Subdivision of Land. Wetlands, as defined under the Wetlands Protection Act,
water bodies, and any land otherwise prohibited from development by local by-law or
regulations shall not be included in the overall area when calculating density. The burden of
proof shall be upon the applicant in determining the allowable number of units. Where the site
proposed for cluster division includes more than one ownership and/or lies in more than one
district, the number of units allowed shall be calculated for each district and summed up to
give an overall allowable density total without respect to allowable sub-totals by district or
ownership areas.
3.8.3.3 Density Bonus
A cluster subdivision can increase the base density of the development up to a maximum
density bonus of 25%, if the following objectives/requirements are met.
3.8.3.3.1 Two (2) additional units for each acre of open space land preserved that exceeds the 40%
minimum.
3.8.3.3.2 One (1) additional unit for each affordable unit.
3.8.3.3.3 One (1) additional unit for each legally restricted over 55 unit.
3.8.4 Dimensional Requirement
3.8.4.1 The total area of the tract to be developed shall not be less than eight (8) acres.
3.8.4.2 The following minimum dimensional regulations shall apply in lieu of those identified in
Article 6, for conventional single-family developments:
Minimum lot area 15,000 sq. ft.
Minimum lot frontage 80 ft*
Minimum front yard setback 25 ft.
Minimum side and rear yard setback 10 ft.
Maximum lot coverage 25%
Maximum building height 35 ft.
*A lot with frontage on tidal water or the non-tidal portions of the Mattapoisett River shall have
a minimum shore frontage of 150 feet measured in a straight line between the point of the
intersection of the side lot lines with the shore at normal high water elevation.
3.8.4.3 The minimum width of common open space shall be thirty (30) feet.
103.8.4.4 Zero-Lot line Lots
3.8.4.4.1 Up to twenty (20) percent of the lots in a Cluster Subdivision may be designed as zero-lot line
lots provided the entire Cluster Subdivision is served by a public sewer system. A zero-lot line
lot is a single-family residential lot created with no side-yard setback on one side of the lot,
thereby creating a shared building envelope between two adjoining lots. This shared building
envelope shall only be used to build a duplex where the common wall between the two units
is the common boundary line separating the two adjoining residential lots. N lot can have more
than one side yard with a zero setback.
3.8.4.4.2 The following minimum dimensional regulations shall apply to zero-lot lines in lieu of those
identified in Article 6, for conventional single-family developments:
Minimum Lot Area 10,000 square feet
Minimum Lot Frontage 45 feet
Minimum Front Yard Setback 25 feet
Minimum Side Yard Setback 0 Feet(shared side)/20 feet (unshared side)
Minimum Rear Yard Setback 10 feet
Maximum Lot Coverage 25 percent
Maximum Building Height 35 feet
3.8.5 Lots
3.8.5.1 Each building lot shall contain a site which, subject to the approval of the Board of Health, may
be suitable for an on-site septic disposal system, or will be served by a public sewer. The
requirement for an on-site system may be waived where the Board of Health approves a
variance for a clustered leeching field serving more than one (1) home; said leeching field may
located within a portion of the common open space.
3.8.5.2 Each lot shall be of a size and shape as shall provide a building site that shall be in harmony
with the natural terrain and other features of the site.
3.8.5.3 The front, side and rear yards of each lot shall be shown on the plan by dashed lines indicating
the area within which a building may be built.
3.8.5.4 New lots in a cluster development shall front on newly created streets serving the cluster rather
than the existing street system from which the cluster takes its access.
3.8.6 Design Standards
3.8.6.1 The housing shall provide for an effective and unified treatment of the development
possibilities of the project site making appropriate provision for the preservation of natural
features and amenities of the site and the surrounding areas wherever possible.
3.8.6.2 All housing shall be arranged so as to preserve visual and audible privacy between adjacent
houses wherever possible.
3.8.7 Landscape Design Standards
3.8.7.1 Whenever possible, existing trees and vegetation shall be preserved and integrated into the
landscape design plan.
3.8.7.2 Whenever possible, the existing terrain shall be preserved and earth moving shall be kept to
a minimum.
113.8.7.3 Suitable indigenous shrubs and other plant material may be used for screening. Lands used
for buffers may be maintained as common open space or as private open space subject to a
deed restriction.
3.8.7.4 Wherever possible existing trees and vegetation along the Town’s existing street system shall
be preserved with the only intrusions being the rights-of-way for new streets.
3.8.8 Circulation System
3.8.8.1 There shall be an adequate, safe and convenient arrangement of roadways and driveways.
Access driveways to individual lots shall be off the interior street system rather than the
existing major roadway system of the Town.
3.8.9 Common Open Space
3.8.9.1 Cluster Subdivisions shall provide at least a minimum of forty (40) percent of the total land
area of the property shall be open space and that the open space shall include all land not
dedicated to roads or lots. The open space is intended to provide an open natural area for
the active and passive recreation use and visual enjoyment of the occupants of the residential
development, and in some cases, for residents of the adjacent neighborhood and the public
generally. Of this open space, at least sixty (60) percent must useable – upland area with well
drained soils that is suitable for recreational use.
3.8.9.2 A portion of the remaining forty (40) percent of the required open space may be used for
common leaching fields. Areas which are considered by the Planning Board as marginal or
unsuitable for building, such as floodplains, inaccessible wetland and water areas, steep
slopes, shall not be counted towards the common open space.
3.8.9.3 To the maximum extent possible, the open space provided shall be consistent with the open
space and trails system proposals of the Mattapoisett Growth Management and Land Use
Plan and the Mattapoisett Open Space and Recreation Plan as they are from time to time
adopted.
3.8.9.4 Open spaces may be utilized as natural courses for disposal for storm drainage on the sites,
but can not be used to meet the above requirement for useable land area. No conditions are
allowed which are likely to cause erosion or flooding of any structures.
3.8.9.5 Such open space may be in one (1) or more parcels of a size and shape appropriate for its
intended use as determined by the Planning Board. Such Open Space may include lands
located in the Limited Industrial (LI) District, as well as lands located in Districts within which
Cluster Housing is permitted.
3.8.9.5.1 The common open space shall increase visual amenities for residents of the development and
residents of the adjacent neighborhoods.
3.8.9.5.2 The common open space should be readily accessible to those it is designed to serve,
whether the residents of the cluster development or the general public.
123.8.10 Ownership of Common Open Space
The open space, and such other facilities as may be held in common, shall be conveyed in
one (1) of the following manners, and determined by the Planning Board:
3.8.10.1 Land to be Used by Residents of the Cluster Housing
To a corporation or trust comprising a Homeowners Association whose membership includes
the owners of all lots contained in the tract. The developer shall include in the deed to the
owners of individual lots, beneficial rights in said open land, and shall grant a conservation
restriction to the Town of Mattapoisett over such land pursuant to G.L. c.184, s.31-33, to insure
that such land be kept in an open and natural state and not built upon for residential use or
developed for accessory uses such as parking or roadways. This restriction shall be
enforceable by the Town in any proceeding authorized by G.L. c.184, s.33. In addition, the
developer shall be responsible for the maintenance of the common land and any other facilities
to be held in common until such time as the Homeowners Association assumes such
responsibility. In order to ensure that the Association will properly maintain the land deeded
to it under this section, the developer shall cause to be recorded at the Plymouth County
Registry of Deeds a Declaration of Covenants and Restrictions which shall, at a minimum,
provide for the following:
3.8.10.1.1 mandatory membership in an established Homeowners Association as a requirement of
ownership of any lot in the tract;
3.8.10.1.2 provision for maintenance assessments of all lots in order that the open space is maintained
in a condition suitable for the uses approved by the Homeowners Association. Failure to pay
such assessment shall create a lien on the property assessed, enforceable by either the
Homeowners Association or the owner of any lot;
3.8.10.1.3 provision which, so far as possible under existing law, will ensure that the restrictions placed
on the use of land will not terminate by operation of law.
133.8.10.2 Land to be Made Accessible to the General Public
To a non-profit organization such as the Mattapoisett Land Trust, the principal purpose of
which is the conservation of open space, the developer or charity shall grant a conservation
restriction as set out above. If the non-profit organization ceases to exist as a legal entity, all
lands conveyed under this section shall revert to the Town of Mattapoisett.
or
To the Town of Mattapoisett for park or open space use, subject to acceptance by the Town
for management by an agency of the Town, with covenants insuring that it be maintained as
open space.
3.8.11 Use of Open Space
Subject to the provisions of section 3.8.10, the open space may be used for recreational
purposes including walking and riding trails, golf courses, tennis courts, gardens and
swimming pools. The Planning Board may permit open space owned by a Homeowners
Association to be used for individual septic systems, or community (cluster) septic systems if
it, and the Board of Health, are convinced that proper safeguards exist for proper management
of a communally owned system.
In all cases, a perpetual restriction of the type described in G.L. c.184, s.31 (including future
amendments thereto and corresponding provisions of future laws) running to or enforceable
by the Town shall be recorded in respect to such land. Such restriction shall provide that the
common open space shall be retained in perpetuity for one or more of the following uses:
conservation, recreation, open space or park. Such restriction shall be in such form and
substance as the Planning Board shall prescribe and may contain such additional restrictions
on development and use of the common open space as the Planning Board may deem
appropriate.
3.8.12 Cluster Subdivision Restrictions
3.8.12.1 No lot shown on a plan for which a permit is granted under this section may be further
subdivided, and a note to this effect shall be shown on the plan. Subsequent to granting the
permit, the Planning Board may permit minor adjustments of lot lines within the cluster, that
do not result in the creation of additional lots.
3.8.12.2 No Certificate of Occupancy shall be issued by the Building Inspector until he has certified to
the Planning Board that the premises have been built in accordance with the plan approved
by the Planning Board hereunder.
3.8.12.3 The subdivision approval granted under this section shall lapse within two (2) years excluding
time required to pursue or await the determination of an appeal, from the grant thereof, if a
substantial use has not sooner commenced or if the construction has not begun, except that
the Planning Board may grant an extension for good cause and shall grant an extension if the
delay was caused by the need to seek other permits.
3.8.12.4 The Planning Board may impose other conditions, safeguards, limitation on time and use, as
it deems reasonable to achieve the state purposes of this section.”
3.9 Site Plan Approval
3.9.1 Statement of Purpose
The purpose of the site plan review procedure is to encourage a desirable and compatible
character of development within the Town of Mattapoisett and to assure safety, promote logic,
14imagination, and innovation in the design process while complying with all zoning requirements.
The requirements of this section shall be applicable to any the following:
3.9.1.1 All new or modified nonresidential development that results in an increase in on-site parking of
more than ten (10) spaces.
3.9.1.2 All new or modified nonresidential development that increases gross floor area more than one
thousand (1,000) square feet.
3.9.1.3 All new or modified nonresidential development that increases impervious coverage more than
five thousand (5,000) square feet.
3.9.2 Site plan review will be processed by the following means:
3.9.2.1 All projects requiring Site Plan Review shall submit the following information to the Planning
Board for review and processing:
3.9.2.1.1 Ownership, zoning, use, and the general location of structure and topography within two
hundred (200) feet of the property lines of the site or adjacent land contiguously owned with the
site.
3.9.2.1.2 All site features, existing or proposed, including but not limited to the following:
3.9.2.1.2.1 Driveways, including widths.
3.9.2.1.2.2 Parking facilities, including dimensions thereof.
3.9.2.1.2.3 Loading facilities.
3.9.2.1.2.4 Service areas.
3.9.2.1.2.5 Street line, including widths.
3.9.2.1.2.6 Roadways, including widths.
3.9.2.1.2.7 Pedestrian walks, including widths.
3.9.2.1.2.8 Signs, including proposed sizes, mounting heights.
3.9.2.1.2.9 Lighting, including plan location and detail information, size, type and wattage.
3.9.2.1.2.10 Servicing, indicating treatment of all surfaces.
3.9.2.1.2.11 Existing trees on the site which are a caliper of six (6) inches or larger.
3.9.2.1.2.12 Wetlands
3.9.2.1.2.13 Drainage, including detail design data, pipe sizing, etc.
3.9.2.1.2.14 Stone walls.
3.9.2.1.2.15 Topography at two-foot contour intervals (one foot with spot elevations for flat areas).
3.9.2.1.2.16 Sewage disposal information.
3.9.2.1.2.17 Water Supply.
3.9.2.1.2.18 Curbing
3.9.2.1.2.19 The Planning Board may reasonably request traffic count, study, etc.
3.9.2.1.3 The construction of the work as detailed on the site plan shall not deviate from the work shown
on the approved site plan except as expressly authorized herein. The site plan shall contain a
sufficient level of detail to ensure that the Planning Board has adequate data to determine that,
when constructed, the project will satisfy the standards required by this section. Supporting
details and documentation shall be presented as part of the site plan submission.
3.9.2.2 Incomplete applications for review shall not be accepted by the Planning Board. Following
submission of a site plan to the Planning Board, the Board or its designee shall review the plan
for completeness within sixteen (16) business days of the submission. If the submission is
determined incomplete by the Planning Board or its agent, notice will be mailed to the applicant
by certified mail within sixteen (16) business days of the submission specifying the deficiencies
15and copy of notice to be filed in the Office of the Town Clerk. Application must be resubmitted
upon correction of deficiencies.
3.9.3 The plan shall be prepared by a professional engineer, land surveyor, architect, or landscape
architect registered to practice in the Commonwealth of Massachusetts and shall be submitted
with seven (7) copies to the office of the Planning Board, together with an application form.
Copy of application shall be filed in the Office of the Town Clerk along with the appropriate filing
fee.
3.9.4 Approval Required
3.9.4.1 Site plan approval shall be granted upon determination by the Planning Board that the following
standards are complied with. Any new building construction or other site alteration shall provide
adequate access to each structure for fire and service equipment and adequate provision for
utilities and stormwater drainage consistent with the functional requirements of the "Rules and
Regulations of the Planning Board Governing the Subdivision of Land" and shall be so designed
that for the given location and type and extent of land use, the design of building form, building
location, egress points, grading and other elements of the development shall be so as to:
3.9.4.1.1 Minimize the volume of cut and fill, the number of removed trees six (6) inches in caliper and
larger, the length of removed stone walls, the area of wetland vegetation displaced, the extent
of stormwater flow increase form the site, soil erosion, and the threat of air or water pollution.
3.9.4.1.2 Maximize pedestrian and vehicular safety and convenience within the site and egressing from
it.
3.9.4.1.3 Minimize obstruction of scenic views from publicly accessible locations.
3.9.4.1.4 Minimize visual intrusion by minimizing the visibility of parking, storage, or other outdoor service
areas viewed from public ways or premises residentially used or zones; minimizing glare from
headlights through plantings or other screening; minimizing lighting intrusion through the use of
such devices as cutoff luminaries confining direct rays to the site; fixture mounting height not
higher than twenty (20) feet avoiding unreasonable departure from the character of building in
the vicinity.
3.9.5 Public Hearing
3.9.5.1 Before taking any action to approve, modify or disapprove a Site Review Plan, the Board shall
hold a hearing at which parties of interest shall have an opportunity to be heard, in person or by
agent or attorney. The Planning Board may, where it determines that such action is in the public
interest, or in order to avoid an unreasonable hardship, waive any requirement of section 3.9.4,
provided that such waiver is not inconsistent with the intent or purpose of the zoning bylaw. Any
such waiver may be granted by a majority vote of the Board. Notice of the time and place of
such hearing and of the subject matter, sufficient for identification, shall be published in a
newspaper of general circulation in the Town of Mattapoisett once in each of two (2) successive
weeks, the first date of publication to be not less than fourteen (14) days before the date of the
hearing and by mailing a copy of such notice to the applicant and to all owners of land abutting
the land and all owners of land within three hundred (300) feet of a property line of the land
shown on the plan, as shown on the most recent tax list.
3.9.6 Other Costs and Expense
3.9.6.1 The applicant is responsible for preparing a Certified List of Abutters. This listing shall be
certified by the Board of Assessors and delivered to the Planning Board at the time of
submission of the Site Review Plan. All abutters shall be notified by certified mail return receipt
requested at the applicant's expense. Return receipts are to be addressed to the Planning
16Board. All other expenses including, without limitation, professional review services, recording
fees and filing fees for documents, and costs for sampling and/or testing required by the Board
or its agent shall be paid solely by the applicant.
3.9.7 Payment
3.9.7.1 All required payments shall be presented to the Town Clerk who will acknowledge receipt
thereof in the form of a signed dated receipt (or an acceptable substitute), a non-returnable copy
of which shall be presented to the Planning Board at the time of the submission. Any addition
payments required by the Board, the costs of which are required to be borne by the applicant,
shall be made within thirty (30) days of the billing date.
3.9.8 Planning Board Action
3.9.8.1 The Planning Board shall act on an application for site plan approval and shall notify, in writing,
the applicant, the Inspector of Buildings and the Office of the Town Clerk of its action within sixty
(60) days of the receipt of the application. Failure of the Planning Board to so act and to notify
the applicant within said sixty (60) days shall constitute approval of the site plan. The actions
allowed by the site plan approval are authorized for a two (2) year period from the date of grant
thereof. The applicant may be granted a single two (2) year extension by applying to the
Planning Board, in writing, prior to the date of expiration upon a successful showing of due
cause by the applicant. If the actions permitted are not exercised or the approval not extended,
they shall lapse and a new application notice and hearing will be required.
3.9.9 Minor Departures
3.9.9.1 Minor departures from site plan as approved may be authorized by the Inspector of Building if
required by engineering or other circumstances not foreseen at the time of plan approval. Any
change increasing the size of any building or structure, changing the location of any building,
parking, or access road by more than ten (10) feet or reducing landscaping or screening may
be made only through review by the Planning Board following the same procedures as for an
original submittal. Any departure must be requested, in writing, with the basis for the change
given. Any change authorized shall be recorded on the file copy of the site plan with the
Inspector of Buildings signature and the date.
3.9.10 Compliance
3.9.10.1 The issuance of an occupancy permit shall not occur prior to the satisfactory completion of all
elements and conditions of the approved site plan. A temporary occupancy permit may be
issued after the satisfactory completion of all items essential to public health and safety and
sufficient bonding acceptable to the Planning Board is provided to the town to cover all
outstanding items.
3.9.11 Signs
3.9.11.1 Refer to section 3.5 Signs. of the Zoning By-Law of the Town of Mattapoisett.
3.9.12 Egress
3.9.12.1 Any driveway likely to carry more than two hundred (200) trips per average business day must
comply with the following:
3.9.12.1.1 Existing vehicle unobstructed sight distance at edge of traveled way - 200 feet.
3.9.12.1.2 Driveway centerline separation from other driveways serving 200 plus trips - 100 feet.
3.9.12.1.3 Driveway centerline separation from intersecting street sideline - 75 feet.
3.9.12.1.4 Maximum driveway width unless greater width justified by engineered design - 30 feet.
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